Case Analysis / Legal Updates

Regarding the crime of fraud, we will analyze a District Court judgment finding that a pastor's receipt of payment in exchange for prayers to prolong life exceeded the limits permissible for a religious act and therefore constitutes the crime of fraud.

Regarding the Copyright Act, this article examines a Supreme Court judgment holding that, even where a work is used for a public-interest purpose, posting it to the public without placing any limits on the period of use or similar restrictions cannot be permitted.

We will analyze a Supreme Court decision holding that, under the Civil Act, a contract may be rescinded where there is a mistake as to an important part of the contract.

We will analyze a judgment that, under the Insurance Fraud Act, acquitted the defendant on the ground that the insurer had not explained the special terms in detail, in a case where an electric kickboard accident was concealed and insurance proceeds were received.

In connection with litigation under the Act on Special Cases concerning the Punishment of Sexual Crimes, this analysis examines a Supreme Court decision holding that a threat carried out without actually possessing the illegal footage is also subject to criminal punishment.

Where an assault is committed at a “military base” as defined under the Military Criminal Act, the rule under the Criminal Act that the offense is not punishable against the victim's will (a Korean-law offense that cannot be punished if the victim expressly objects to punishment, with no exact common-law equivalent) does not apply. A judgment was issued holding that an officers' lodging also falls within this category.

We will analyze a District Court judgment holding that, under lease agreement law, inter-floor noise cannot serve as a ground for terminating a lease agreement.

We will analyze a Supreme Court judgment holding that, under the Network Act (Information and Communications Network Act), publishing evaluation information about a university professor on the Internet was lawful.

We will analyze a High Court judgment holding that, under the Aggregate Buildings Act, a first-floor balcony garden in an apartment is common land and therefore cannot be used independently by the first-floor household.

Perjury is a charge that applies when a person, after taking an oath, intentionally makes a false statement. A judgment has been issued holding that giving false testimony after being threatened by someone also constitutes perjury.

Under the Civil Act, a general meeting resolution is to be made in person as a rule, and we will analyze a Supreme Court judgment holding that a written resolution not provided for in the rules must be deemed void.

Under the Certified Administrative Agents Act, brokering a key money (premium) contract is the work of a certified administrative agent, and we will analyze a Supreme Court decision holding that it is unlawful for a licensed real estate agent to perform this work.